Law:

Section:

(a) Criminal Procedure Code (V of 1898)---------S. 497 (5) Bail Cancellation of No details given of how co-¬accused harboured absconding accused and prevented his arrest Bald allegation of absconding accused being likely to be arrested only when bail bonds of co accused enlarged on bail be cancelled Cannot be accepted at face value in absence of being supported by cogent material Co accused, held, cannot be penalised on assumption of absconder being likely to be arrested only when accused enlarged on bail be first arrested Constitution of Pakistan (1973), Art. 185 (3). (b) Criminal Procedure Code (V of 1898~ S. 497 (5) Bail Cancellation of Contention raised before Supreme. Court also raised by petitioner before High Court in connection with his earlier application and such contention rejected Order of rejection having not been challenged contention now raised, held, cannot be challenged at leave to appeal stage Respondents having not allegedly taken any active part resulting in death of victim of assault, Sessions Judge, held further, exercised his discretion in their favour and allowed bail and such order not interfered with by High Court Petition dismissed, there being no compelling reasons for interference. Chiragh Din and others v. The State P L D 1967 S C 340 and Nazar Mohammad v. The State P L D 1978 S C 236 ref. ORDER NASIM HASAN SHAH, J. --This is a petition for leave to appeal directed against the order dated 6 3 79 passed by a learned Judge of the Lahore High Court refusing to cancel the bail of the respondents. The facts which form the background are that Mehar Din, petitioner herein, lodged an. F. I. R. at Police Station Pattoki on 24 9 77 regarding an occurrence which took place on the same day within the jurisdiction of the aforesaid police station in which his son Asghar was murdered. Five persons variously armed namely Alamdar armed with a chhura, Atta Mohammad armed with chhuri, Safdar Ali armed with sota, Mumtaz Ali armed with knife and Nazar Hussain armed with a rifle, were implicated and a case was registered against them under section 302/307/148/149, P. P. E, According to the allegations in the F. I. R. Nazar Hussain had shouted a lalkara…

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